Assemblyman Marc Levine is seeking support in Sacramento for a bill that would make the county of Marin, San Rafael and Novato the only jurisdictions in the state exempt from a state law designed to promote the development of affordable housing.

Supporters of the bill say it would correct a legal misnomer, which incorrectly classifies Marin as a metropolitan instead of a suburban county. The bill would ease pressure on the three Marin jurisdictions to zone some properties for as many as 30 units per acre.

"Because of a 2004 bill, the county of Marin with a population of 250,000 was somehow designated metropolitan while a county like Santa Clara with a population of 1.9 million was designated as suburban," said Levine, D-San Rafael. "It's this weird anomaly that we're trying to correct."

Opponents, however, worry that Levine's bill would encourage other cities and counties to seek the same exemption.

"We're concerned that this is sort of the camel's nose getting under the tent," said Tyrone Buckley, a legal advocate with the California Rural Legal Assistance Foundation.

The Assembly's Committee on Housing and Community Development held a public hearing on the bill, AB 1537, on Wednesday. The current version of the bill would also exempt portions of El Dorado, Yolo and Placer counties.

During the hearing, however, Levine said it became apparent that members of the committee favor a more focused approach. As a result, he said the committee delayed its vote on the bill, and the legislation is being revised so that it will affect only Marin jurisdictions and expire in 2022.

Levine said, "The challenge is communicating to other members that it was merely an anomaly that affected Marin, and Marin is not trying to get out of any obligation that it would otherwise have."

Levine said the committee will discuss the bill again on April 29; he is optimistic about getting the votes to move it on to the Assembly's Local Government Committee.

The state currently categorizes the county of Marin, San Rafael and Novato as metropolitan jurisdictions, largely due to the area's proximity to the San Francisco metropolitan area. This becomes an issue when the jurisdictions are attempting to comply with state housing law.

The law requires that regional planning agencies periodically use projections for job and population growth to determine the projected housing need for an area and then assign each local government a share in meeting that need. The law also requires cities and counties to ensure that their zoning policies jibe with the housing allocation targets.

Currently, the county of Marin, San Rafael and Novato are required to adjust housing policies to make possible the development of 1,607 new housing units from 2014 to 2022. Of that amount, 651 must be affordable for people with incomes that are low, defined as 80 percent of area median or lower, or very low, with 50 percent of area median or lower.

One way for jurisdictions to demonstrate they are meeting this requirement for creating low- and very-low-income housing is to use what is known as the state's "default" density number. For metropolitan jurisdictions, the default density is 30 units per acre. For suburban jurisdictions, the default density is 20 units per acre.

State law does permit jurisdictions to zone properties designated for low and very low housing at lower densities; however, they must explain how then it will be possible for the housing to be developed. Land in Marin is very expensive, and the more units developed per acre, the more affordable a project is.

Nevertheless, several developers of affordable housing are supporting Levine's bill. Mary Murtagh, chief executive of EAH Housing in San Rafael, testified Wednesday in support of the legislation.

Murtagh said the 30 unit per acre zoning requirement "is really a distraction that some of the opponents have used to get people upset about affordable housing."

Murtagh said thanks to gap funding provided by the Marin Community Foundation it has been possible to develop less dense, low-income housing projects in Marin. She also noted that zoning variances can be obtained to allow denser projects, when appropriate.

"There is nothing that prevents a development located in a dense downtown area from being approved at a higher density," Murtagh said.

Marin Supervisor Kate Sears also testified in support of the bill. Sears had to cope with angry constituents when the Board of Supervisors zoned two acres in the unincorporated Strawberry area, which she represents, for 30 units per acre.

Sears said Marin's designation as a metropolitan jurisdiction is "a theory that just doesn't match reality."

"It's led to some of our folks thinking they're being treated unfairly by the state," Sears said. "That's not a good way for people to feel. It can stand in the way of having productive conversations about affordable housing."